ScoreBlue Terms of Use

I. INTRODUCTION

These Terms of Use (the “Terms”) describe your rights and responsibilities concerning the ScoreBlue website and mobile application (the “Platform”) owned and operated by ScoreBlue, LLC. In these Terms, “we”, “our”, “us”, and “Company”, collectively refer to ScoreBlue, LLC. The terms “you” and “yours” refer to the person using the Platform. These Terms and our Privacy Policy govern the use of the Platform. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Although you may arrive at the Platform through a website or mobile application operated or controlled by a third party, which may include an affiliate of ScoreBlue, you understand and agree that these Terms are entered into between you and ScoreBlue. You also understand and agree that the Platform and any services provided through these Terms, except the Health Care Services described herein, are provided by ScoreBlue or a ScoreBlue subsidiary.

You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with ScoreBlue and engage in health-oriented activities with health professionals and professional entities affiliated with ScoreBlue, and such processes have the same force and effect as your written signature. You agree and consent to ScoreBlue, ScoreBlue affiliates, or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and e-mail account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform. Your mobile phone will receive marketing messages from ScoreBlue only.

Mobile Text (SMS/MMS) Message Service Terms and Conditions AKA SMS Policy
The ScoreBlue mobile message service (the "Service") is operated by ScoreBlue, LLC (“ScoreBlue”, “we”, or “us”). Your use of the Service and/or opt-in such as by clicking 'Place my order' on this website, constitutes your agreement to these terms and conditions (“Mobile Terms” and/or "SMS Policy"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text (SMS/MMS) messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from ScoreBlue via text (SMS/MMS) messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 800-675-9807 and in reply to any another number used to contact you by the ScoreBlue mobile message service to cancel at any time. You'll receive a one-time opt-out confirmation text (SMS/MMS) message. If you have subscribed to other ScoreBlue mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to or call 800-675-9807 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

II. MODIFICATION OF THE TERMS

Your access to and use of the Service is subject to these Terms as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Platform. If you disagree with these Terms, your sole remedy is to discontinue your use of the Service. The Service is continually under development. ScoreBlue reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. Any changes to these Terms are effective upon posting to the Platform. Your continued use after a change has been posted constitutes your acceptance of the changes.

III. DESCRIPTION OF SCOREBLUE

You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) providing individuals with information on healthcare and wellness; (b) the development and gathering of health care records and health care information with retention of the same for use in healthcare provider encounters, communications, and pharmacy services; (c) administrative support in connection with scheduling and payment for Health Care Services; (d) administrative support in connection with coordinating optional fulfillment and payment for diagnostic testing and prescription medications ordered or prescribed by medical providers performing Health Care Services; and (e) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location, and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Health Care Services”).

You give us consent to send and disclose to the affiliated professional entities and their medical providers all of Your Information so that you may receive Health Care Services. Further, you consent to our delivery of Your Information to ScoreBlue affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Health Care Services.

All medical providers who deliver Health Care Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with ScoreBlue, and (ii) solely responsible for such Health Care Services provided to you. ScoreBlue does not provide any Health Care Services through the Platform and is not licensed to practice medicine. ScoreBlue does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that ScoreBlue is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.

IV. RISKS OF TELEHEALTH SERVICES

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision making by the provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information.

V. TELEMEDICINE CONSENT

By using the Services, you acknowledge that there are certain risks and benefits to the use of telemedicine in the Services provided to you through ScoreBlue’s Platform. You understand that telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider or a nurse and a patient who is not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a medical provider or nurse;
Interactions between a patient ad medical provider via audio, video, and/or asynchronous data communications; and Use of output data from medical devices, sound, and video files.
By registering as a User and accessing the Health Care Services, you acknowledge and agree to this Telemedicine Consent. A record of such acknowledgment will be retained in the medical record of the medical provider and professional entity providing such Health Care Services.

VI. PAYMENT

When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, and our third-party payment processors to charge the amount due. Medical consult fees are not subject to or eligible for a refund. ScoreBlue complies with and participates in a program to ensure continued compliance with the Payment Card Industry Data Security Standards (PCI DSS) published by the PCI Security Standards Council, as the PCI DSS may be amended, supplemented or replaced from time to time, and as applicable to the transactions processed.

You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by the medical providers and affiliated professional entities. Amounts collected by ScoreBlue will include fees charged by medical providers for Health Care Services. In the event that your credit card expires or ScoreBlue, our affiliates, or our third-party payment processors are unable to process your payment; you may receive notice of you to provide an alternative payment method. ScoreBlue and/or the medical provider (s) have no obligation to provide any Services unless and until the full payment has been received and/or verified. You understand that no claims will be submitted by ScoreBlue or our affiliates to any government or commercial insurance payor for coverage of the professional services.

VII. ELIGIBILITY

In order to qualify to use our Services, you attest that the following are true:

• You are 18 years of age or older;
• You are located in a State of the United States where we operate. For a list of states click here;
• You consent to be legally bound by and comply with these Terms as posted and may be updated from time to time at our sole discretion;
• You have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform. Any fees or charges incurred by your mobile service and Internet Service Provider in connection with your use of the Services are your sole responsibility.
• You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. Medical providers and affiliated professional entities delivering the Health Care Services may, on a case by case basis, determine that Health Care Services are not appropriate in any individual instance for a particular user.

VIII. REGISTRATION, USER ACCOUNTS, AND USER DATA

You are obligated to register with ScoreBlue in order to access the Service. You agree and consent to ScoreBlue, ScoreBlue affiliates, or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and e-mail account. Your mobile phone will receive marketing messages, if opted-in, from ScoreBlue only. Certain pages of the Website are accessible by any individual and subject to the Terms available. However, the Service is available only to users who have registered with ScoreBlue or other persons affiliated with ScoreBlue who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to ScoreBlue. You agree to immediately notify ScoreBlue of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by e-mailing ScoreBlue at [email protected]. ScoreBlue reserves the right to take any and all action, up to and including termination of your account, as it deems necessary or reasonable, regarding the security of the Platform and your Secure User account.

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. Creating more than one account substantially limits the ability of a health care provider using the Service to provide appropriate care and may be unsafe for you. ScoreBlue explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

You grant ScoreBlue, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research and analyses of such data; and designing, developing, implementing modifying and/or improving new, current, or future features, products, and services of ScoreBlue using such data.

IX. USER CONDUCT AND RESTRICTIONS

Subject to your continued strict compliance with all Terms, ScoreBlue, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by ScoreBlue, LLC in its sole and absolute discretion; (ii) ScoreBlue, LLC has the right to control and direct the means, manner, and method by which the Website is provided; (iii) ScoreBlue, LLC may, from time to time, engage independent contractors, consultants or subcontractors to aid ScoreBlue, LLC in providing the Website or use thereof; and (iv) ScoreBlue, LLC has the right to provide the Website to others. ScoreBlue, LLC or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content. You agree that ScoreBlue, LLC may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason.

Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, and complete information about yourself. You must not violate or infringe any of our Intellectual Property (as defined in Section X below), including, but not limited to, copyrights or trademarks.

As a user of the Website, you agree that in connection with your use of the Website and the content You will not: (a) Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Website; (c) Use the Website for any unlawful purpose; (d) Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (e) Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; (f) Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) Interfere with or disrupt the Website, the services, the content, or the servers or networks connected to the Website, the services or the content on the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; and/or (i) Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the prior express written authorization of ScoreBlue, LLC, you may not: (a) Duplicate the Website; (b) Create derivative works based on the Website or any of our Intellectual Property; (c) Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained thereon; (d) Frame or utilize any framing techniques in connection with the Website or any Intellectual Property; (e) Use any meta-tags or any other “hidden text” using the Website’s name or marks; (f) “Deep-link” to any page of the Website; (g) Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s username and password in order to gain access to a restricted area of the Website); (h) Use any data mining, bots, or similar data gathering and extraction tools on the Website; (i) Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, (j) Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.

X. PRIVACY

ScoreBlue understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available here for a description of how we may collect and use your personal information, how we may use and disclose your medical information, and how you may access that information. These policies are hereby incorporated into these Terms by reference and constitute part of these Terms.

XI. PHARMACY SERVICES

Should you receive a prescription as a result of the Services, you may select one of our partner pharmacies to ship your prescription. Our partner pharmacy is GoGoMeds. You have a right to select any pharmacy of your choice. Should you receive a prescription for medication, you have the option to instruct ScoreBlue to transmit that prescription to the pharmacy of your choice.

XII. DISCLAIMERS; LIMITED HEALTH CARE SERVICES

The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding general personal health, medical conditions, or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication.

XIII. DISCLAIMERS OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCOREBLUE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCOREBLUE, LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SCOREBLUE, LLC MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCOREBLUE, LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

XIV. LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SCOREBLUE, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN & REFUND POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER SCOREBLUE, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SCOREBLUE, LLC IS FOUND LIABLE UNDER ANY THEORY, SCOREBLUE’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to ScoreBlue, LLC in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether ScoreBlue, LLC was aware of or advised in advance of the possibility of damages or such CLAIMS. Some STATES do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, AND YOU MAY HAVE ADDITIONAL RIGHTS.

XV. INDEMNIFICATION

You agree to indemnify, defend and hold ScoreBlue any of its Related Persons, licensors and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you or any and all applicable laws, rules or regulations.

XVI. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SCOREBLUE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SCOREBLUE.

Governing Law. The Platform is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of CA without regard to conflicts of law principles.

Required Pre-Dispute Procedures. We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by US Mail to ScoreBlue, LLC, 9663 Santa Monica Blvd, Suite 647, Beverly Hills CA, 90212. ScoreBlue, LLC will contact you by letter at the billing address you provided to us or at the e-mail address you provided to us. You agree to negotiate with ScoreBlue, LLC, or its designated representative in good faith about your problem or dispute. If for some reason, the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.

Arbitration Agreement. You and ScoreBlue agree that all claims and disputes relating in any way to your use of our Platform, or arising or of in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute by which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in CA.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and ScoreBlue will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.

Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND SCOREBLUE WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ScoreBlue are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final, binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND SCOREBLUE AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND SCOREBLUE AGREE OTHERWISE; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER SCOREBLUE USERS.

XVI. MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

XVII. COPYRIGHT INFRINGEMENT CLAIMS; NOTICE OF TAKEDOWN PROCEDURES

ScoreBlue reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. ScoreBlue otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section (XXIV) describes the procedure that should be followed to file a notification of alleged copyright infringement with ScoreBlue.

If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address: [email protected]. Any notification to ScoreBlue under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Platform;
• Information sufficient for ScoreBlue to contact you, such as your address, telephone number and/or e-mail address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• An identification of the content or material that you claim is infringing and where it is located on our Platform;
• Information sufficient for ScoreBlue to contact you, such as your address, telephone number and/or e-mail address;
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

XVIII. INTELLECTUAL PROPERTY

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, the/our “Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of ScoreBlue, LLC, or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without ScoreBlue’s prior written permission.

XIX. LINKS, THIRD-PARTY PRODUCTS & SERVICES

The Website may post or provide links or third-party advertisements to other World Wide Web third party sites or resources over which ScoreBlue, LLC has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by ScoreBlue, LLC of that third-party site’s content, product, or services. ScoreBlue, LLC has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any ScoreBlue, LLC Website. You acknowledge that ScoreBlue, LLC is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. ScoreBlue, LLC makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Moreover, links and/or advertisements for third party goods or services do not imply an endorsement with respect to any third-party website or the products or services provided by any third party. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party and subject to the third-party websites’ terms of use and privacy policies. ScoreBlue, LLC expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that ScoreBlue, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, products, and/or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

XX. CONTACT INFORMATION

If you have any questions, please call us toll-free at 800-675-9807 Monday to Friday, 8AM-5PM Pacific Standard Time (“PST”).

You may also write to us at:

ScoreBlue, LLC
9663 Santa Monica Blvd
Suite 647
Beverly Hills, CA, 90212, USA

You may also e-mail our customer service at:

[email protected]